Baloch Yakjehti Committee (BYC) leader Sammi Deen Baloch was detained under the Maintenance of Public Order (MPO) for 30 days on Tuesday after a local court discharged her and four others in a case pertaining to violating Section 144 of the criminal procedure code (CrPC).
Sammi Deen and several others were arrested and booked by Artillery Maidan police under Section 188 (disobedience to an order duly promulgated by a public servant) of the Pakistan Penal Code for violating Section 144 after the group's protest on Monday.
Investigating officer Sabir Sultan produced Sammi, Abdul Wahab Baloch, Shahzad, Raziq Ali and Sultan before Judicial Magistrate (South) Shahzad Khuwaja and sought their physical remand.
After hearing arguments from both sides, the magistrate noted that the suspects were arrested for allegedly committing offence punishable under Section 188 of PPC. "A review of Second Schedule of CrPC 1989 clearly indicated the offence under Section 188 PPC to be non-cognizable and for such offence no FIR can be registered; rather, the procedure provided under Section 155 CrPC can only be adopted," he observed.
He explained that neither any person who committed a non-cognizable offence can be arrested nor any investigation can be initiated without permission of the relevant magistrate in terms of Section 4-(n) of the CrPC.
The magistrate said that both the investigating officer and state prosecutor had no answer to offer when questioned about this situation. "For what has been discussed, further proceeding with the matter would be unjustified, which shall result in nothing but abuse of process of law and miscarriage of justice, accordingly all the accused persons above mentioned are discharged under Section 63 CrPC," ruled the magistrate.
Sammi's lawyer Jibran Nasir later confirmed that she had been confined at the Central Jail under the MPO. "Remand hearing of Sammi and others was shifted to Central Jail in the name of security but the plan was to arrest and detain them under MPO," he wrote in a post on social media platform X.
"The Learned Judicial Magistrate discharged all five accused in the FIR registered yesterday. As soon as the accused were discharged and ordered to be released, the police started waving the MPO order. While Sammi surrendered and wilfully gave her arrest the whereabouts of four others Lala Wahab, Raziq, Sultan and Shahzad are unknown," he added.
Nasir announced that he would be challenging her detention under the MPO in the Sindh High Court today.
Detained under MPO
The Sindh government on Tuesday ordered the detention of five people, including Sammi Deen Baloch for 30 days in view of the possibility of inciting the public to protest and block roads.
Officials said that on the recommendation of IGP Ghulam Nabi Memon, five people, including the central leader of the Baloch Solidarity Committee, Sammi Deen Baloch, were detained in view of the law and order situation.
Sammi Deen Baloch, Abdul Wahab Baloch, Raza Ali, Shahdad and Sultan were inciting the public to block roads and hold sit-ins.
The order issued by the Sindh Home department reads, “Whereas: Inspector General of Police Sindh vide letter dated March-25, 2025 has informed that the following persons are instigating public to block roads and organize sit-ins in Karachi city, which may disturb peace and tranquillity, and can create serious Law & Order problems.
“That such an act on their part will be highly prejudicial to the Public Safety and Maintenance of Public Order, therefore; Inspector General of Police Sindh has recommended that the following persons may be detained under MPO-1960 for 30 days. “The persons are, RazzakAli s/o Allah Bux, Abdul Wahab Baloch s/o Abdul Ghafoor, Shehdad s/o Abdul ur Rab, Sultan s/o Aamal and Semi Din Baloch d/o Dr Din Muhammad Baloch.
And whereas, the government of Sindh on the basis of request and considering the merits of the case is satisfied that there is a serious apprehension of Public Safety and in the interest of the country and public, the presence of above persons, at any public place is likely to pose grave threat to the public safety and can cause breach of peace and tranquillity.
“And now therefore, in exercise of the powers under section 3 (1) of the Sindh Maintenance of Public Order Ordinance, 1950, the Government of Sindh has sufficient reasons to believe that above mentioned persons, noted at Para-01/n, be arrested and detained for a period of 30 days from the date of arrest. Their custody shall be placed under the Senior Superintendent Central Prison Karachi. They shall be at liberty to make representation to the Provincial government against this order.”
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